Case: Miller v. Murphy

2:08-cv-00090 | U.S. District Court for the District of Wyoming

Filed Date: April 3, 2008

Clearinghouse coding complete

Case Summary

On April 3, 2008, two Muslim prisoners incarcerated in the Wyoming State Penitentary (WSP) sued officials of the Wyoming Department of Corrections in the United State District court of Wyoming. Plaintiffs claimed violations of the First Amendment to the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc et seq. (RLUIPA). Specifically, plaintiffs claimed that a prison policy requiring prisoners to consume their meals within twenty (20) minutes s…

On April 3, 2008, two Muslim prisoners incarcerated in the Wyoming State Penitentary (WSP) sued officials of the Wyoming Department of Corrections in the United State District court of Wyoming. Plaintiffs claimed violations of the First Amendment to the U.S. Constitution and the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§ 2000cc et seq. (RLUIPA). Specifically, plaintiffs claimed that a prison policy requiring prisoners to consume their meals within twenty (20) minutes substantially burdens their ability to practice their religion, as they must choose between eating their meals and praying. The complaint specified that Jewish inmates experienced similar difficulties.

After brief litigation, the parties entered a Consent Decree which was approved by the court (Judge Clarence A. Brimmer) on November 19, 2008. The Consent Decree permits prisoners who receive their meals in their cells or pods to take up to thirty (30) minutes to eat, and prisoners receiving religious meals may keep those meals in their cells until the next meal is served. Prisoners who eat in the dining hall are permitted to go to the front of the line and receive a 10-and 5-minute announcements before being escorted from the hall.

Additional provisions in the Consent Decree substantially change the defendants' policies and practices concerning the observance by Muslims of fasting, special meals, and prayer time, and also guaranteed that a second microwave would be installed, from which pork products would be banned.

The consent decree did not establish an expiration date. As of March 2018, there had been no further litigation.

Summary Authors

Denise Heberle (7/13/2010)

Alex Colbert-Taylor (7/9/2013)

People


Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Attorneys(s) for Plaintiff

Horvath, Jennifer (Wyoming)

Pevar, Stephen L. (Connecticut)

Attorneys(s) for Defendant

Cox, Christine (Wyoming)

Renneisen, John W. (Wyoming)

Salzburg, Bruce (Wyoming)

Judge(s)

Brimmer, Clarence Addison Jr. (Wyoming)

Attorneys(s) for Plaintiff

Horvath, Jennifer (Wyoming)

Pevar, Stephen L. (Connecticut)

Attorneys(s) for Defendant

Cox, Christine (Wyoming)

Renneisen, John W. (Wyoming)

Salzburg, Bruce (Wyoming)

Documents in the Clearinghouse

Document

Docket

Nov. 19, 2008 Docket
15

Plaintiffs' Motion for Preliminary Injunction and Brief in Support

June 6, 2008 Pleading / Motion / Brief
27-2

Consent Decree and Order of Dismissal

Nov. 19, 2008 Settlement Agreement
1

Complaint

Nov. 19, 2008 Complaint

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (summons(es) issued) ( Filing fee $350 receipt #Chy004131.), filed by Joseph Miller, Hurie Purdiman, Jr. (Attachments: # 1 Civil Cover Sheet)(sjlg, ) (Entered: 04/03/2008)

April 3, 2008
2

WAIVER OF SERVICE Returned Executed. Robert Lampert waiver was sent on 4/4/2008, answer due 6/3/2008. (Cox, Christine) (Entered: 05/05/2008)

May 5, 2008
3

WAIVER OF SERVICE Returned Executed. Michael Murphy waiver was sent on 4/4/2008, answer due 6/3/2008. (Cox, Christine) (Entered: 05/05/2008)

May 5, 2008
4

REFERRED TO MAGISTRATE JUDGE. MOTION for Leave to File Excess Pages filed by Plaintiffs Joseph Miller, Hurie Purdiman, Jr. (Attachments: # 1 Proposed Order, # 2 Proposed Motion for Preliminary Injunction)(szf, ) (Entered: 05/29/2008)

May 29, 2008
5

REFERRED TO MAGISTRATE JUDGE. MOTION for Steven Pevar to appear pro hac vice; Check tendered; filed by Plaintiffs Joseph Miller, Hurie Purdiman, Jr. (Attachments: # 1 Proposed Order)(szf, ) (Entered: 05/29/2008)

May 29, 2008
6

NOTICE of Attorney Appearance by Christine Annette Gilbert Cox on behalf of Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director (Cox, Christine) (Entered: 06/02/2008)

June 2, 2008
7

NOTICE of complexity by Defendants Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director ; this case is non−complex. (Cox, Christine) (Entered: 06/02/2008)

June 2, 2008
8

ANSWER to 1 Complaint with Affirmative Defenses, by Defendants Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director.(Cox, Christine) (Entered: 06/02/2008)

June 2, 2008
9

ORDER by the Honorable Judge William C Beaman denying 5 Motion to appear pro hac vice (szf, ) (Entered: 06/03/2008)

June 3, 2008
10

NOTICE of Initial Pretrial Conference: Initial Pretrial Conference set for 7/8/2008 08:30 AM in Cheyenne before Judge William C Beaman. (sdb, ) (Entered: 06/03/2008)

June 3, 2008
11

NOTICE of complexity by Plaintiffs Joseph Miller, Hurie Purdiman, Jr ; this case is non−complex. (szf, ) (Entered: 06/06/2008)

June 6, 2008
13

REFERRED TO MAGISTRATE JUDGE. MOTION for Stephen Pevar to appear pro hac vice; Check not tendered; filed by Plaintiffs Joseph Miller, Hurie Purdiman, Jr. (szf, ) (Entered: 06/06/2008)

June 6, 2008
14

ORDER by the Honorable Judge Clarence A Brimmer granting 4 Motion to File Excess Pages Non−Dispositive (szf, ) (Entered: 06/08/2008)

June 6, 2008
15

MOTION for Preliminary Injunction and Brief in Support filed by Plaintiffs Joseph Miller, Hurie Purdiman, Jr. (szf, ) (Entered: 06/08/2008)

June 6, 2008
16

NOTICE RESETTING Initial Pretrial Conference: Initial Pretrial Conference reset for 7/16/2008 08:30 AM in Cheyenne before Judge William C Beaman. (sdb, ) (Entered: 06/09/2008)

June 9, 2008
17

ORDER by the Honorable Judge William C Beaman granting 13 Motion to appear pro hac vice admitting Stephen L Pevar for Joseph Miller and Hurie Purdiman, Jr (szf, ) (Entered: 06/10/2008)

June 9, 2008
18

REFERRED TO MAGISTRATE JUDGE. Stipulated MOTION for Leave to File Excess Pages filed by Defendants Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director. (Attachments: # 1 Proposed Order)(Cox, Christine) (Entered: 06/19/2008)

June 19, 2008
19

ORDER by the Honorable Judge William C Beaman granting 18 Motion to File Excess Pages Non−Dispositive (szf, ) (Entered: 06/20/2008)

June 20, 2008
20

RESPONSE to 15 Motion for Preliminary Injunction filed by Defendants Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director. (Attachments: # 1 Exhibit, # 2 Attachments)(Cox, Christine) (Entered: 06/20/2008)

June 20, 2008
21

REPLY to 20 Response to Motion, filed by Plaintiffs Joseph Miller, Hurie Purdiman, Jr. (Horvath, Jennifer) (Entered: 06/27/2008)

June 27, 2008
22

INITIAL PRETRIAL ORDER by the Honorable Judge William C Beaman: Plaintiff Expert Witness Designation deadline 10/6/2008. Defendant Expert Witness Designation deadline 11/7/2008. Discovery due by 11/21/2008. Stipulation Deadline 12/1/2008. Motion filing deadline 11/21/2008. Motion response deadline 12/5/2008. Dispositive Motion Hearing set for 12/11/2008 10:30 AM in Cheyenne before Judge Clarence A Brimmer. Final Pretrial Conference set for 1/8/2009 10:30 AM in Cheyenne before Judge Clarence A Brimmer. Bench Trial set for 2/9/2009 01:30 PM (three days, stacked #1) in Cheyenne before Judge Clarence A Brimmer. (sdb, ) (Entered: 07/25/2008)

July 25, 2008
23

REFERRED TO MAGISTRATE JUDGE. MOTION for Order to Depose Prisoner filed by Defendants Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director. (Attachments: # 1 Proposed Order)(Cox, Christine) (Entered: 08/12/2008)

Aug. 12, 2008
24

REFERRED TO MAGISTRATE JUDGE. MOTION for Order to Depose Prisoner filed by Defendants Michael Murphy, Wyoming Department of Corrections State Penitentiary Warden, Robert Lampert, Wyoming Department of Corrections Director. (Attachments: # 1 Proposed Order)(Cox, Christine) (Entered: 08/12/2008)

Aug. 12, 2008
25

ORDER by the Honorable Judge William C Beaman granting 24 Motion for Leave to Take Inmate Deposition (szf, ) (Entered: 08/13/2008)

Aug. 12, 2008
26

ORDER by the Honorable Judge William C Beaman granting 23 Motion for Leave to Take Inmate Deposition(szf, ) (Entered: 08/14/2008)

Aug. 13, 2008
27

CONSENT DECREE and ORDER of Dismissalby the Honorable Judge Clarence A Brimmer.(sjs, ) (Additional attachment added on 11/24/2008: #1 − CORRECTED DOCUMENT) (sdn, ). (Entered: 11/20/2008)

Nov. 19, 2008

State / Territory: Wyoming

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 3, 2008

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Two Muslim inmates in the Wyoming State Penitentiary.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Wyoming Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Constitutional Clause(s):

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - None

Content of Injunction:

Develop anti-discrimination policy

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run